Case Analysis Of Lv, Zhang, Etc. To Extract A Confession By Torture

The phenomenon of extorting confession by torture has existed since ancient times,and it is a common crime in China.In the past,our country often focused on the fight against crime and neglected protecting human rights,which resulted in wrong case frequently happened in a relatively concentrated period of time.In the process of handling a case,the investigative organization often uses torture to extract confessions from criminal suspects.At present,there are still cases of death and disability caused by extortion of confession by torture in practice.In this paper,Mr.lv and others tortured aggrieved person leading to his death were selected for analysis,and in the form of case analysis,some difficult problems in the judicial application of the crime of torture were explored in specific cases.Their suggestions for improvement were put forward to have a positive impact on the theoretical research and judicial practice of the crime of torture in China.This paper mainly includes the following four chapters:The first chapter introduces the case,tells the basic course of the case,introduces the court's trial of the case and the opinions of defense lawyers.Secondly,on the basis of our country traditional criminal law theory system of four elements as the foundation,the author organized conviction and sentence,then summarized three difficult problems of the torture case.if the auxiliary police can as the subject of the crime of torture,the causality of this case and the problem of the attribution,if the article 247 criminal law “cause disability,death” can apply to the torture case.The third chapter focuses on the main content of this paper,through the theoretical analysis of the issue,expound the dispute of the theoretical community,and then combine with my opinion to draw the conclusion of the focus of the issue.The first is whether the subject of the crime of extorting confession by torture includes the auxiliary police.It is divided into three theories by the theoretical community,namely "theory of blood unity","theory of function" and "theory of compromise".The second is the attribution of responsibility for the death result,which includes attribution and imputation.The theoretical disputes of causality are the conditional theory,the cause theory and the equivalent causality theory.The third is the determination of the nature of "causing disability and death".It is mainly divided into draw-on make a point of view,view the aggravated consequential offense,transformation make a point of view,view the legal fiction.By analyzing and clarifying the above views and combining with my opinions,this case should be converted into the crime of intentional injury(causing death)and given a heavier punishment.The fourth chapter reflects on the crime of extorting confession by torture and puts forward some suggestions for improvement.